The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Determine when the defence is due to be filed. Any application to extend time should be made prior to that time period expiring to ensure that the claimant does not make an application for a default judgment. For guidance on this consequence, see Practice Note: Default judgment—late filing of the acknowledgment of service or the defence.
Where an application to extend time is made after the date on which the defence should have been filed, the relevant principles applied by the court are the same as, or analogous to, those to be applied on an application for relief from sanctions. For guidance on relief from sanctions, see Practice Note: Relief from sanctions—the courts’ approach.
Before making an application for an extension of time for filing the defence, consider making a request to the claimant to agree an extension of time. For guidance on extensions of time, see Practice Note: Extensions of time.
For a precedent letter to extend time, see Precedent: Letter requesting extension of time for filing the defence. Where agreement is forthcoming, see Precedent: Letter informing the court of parties’ agreement to extend time for filing the defence.
These drafting notes are for assistance when making an application for a notice to extend time for filing the defence using Form
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